Can footpaths for residents be used as access roads?

  • Erstellt am 2020-05-08 23:50:45

AleXSR700

2020-05-08 23:50:45
  • #1
Hello everyone,
we have seen a nice plot of land in a suburb, but one of the two parcels for sale does not have direct access to the road. However, there is a footpath running along the property that is wide enough to drive on (the city apparently drives through there itself).
We have read about easements and the like, but wanted to ask whether in such a case access to the rear parcel is also allowed via the footpath or whether an easement must always be planned? Because that would greatly restrict the front property and significantly reduce building possibilities. The entire length of the property would practically have to be used as an access road. The 20-30 k€ that we have read so far as usual compensation would not really be an adequate balance.

Are there official regulations for such cases?

Thank you very much
Matthias
 

Escroda

2020-05-09 06:42:58
  • #2
Yes. And perhaps unofficial ones as well. But first we need to find out which case applies here. What characteristics does the path have? A) independent property B) part of a property I. owner municipality II. private property 1) publicly dedicated i) without restriction ii) pedestrian only iii) pedestrian and cyclist only 2) not publicly dedicated a) legally secured right of way b) contractually regulated right of way c) emergency right of way So there are, unless I have forgotten something, at least 2*2*2*3=24 possible constellations. An excerpt from the cadastral map showing the location and boundaries of the properties, the street, and the path also makes the whole thing clearer and avoids misunderstandings.
 

AleXSR700

2020-05-09 08:30:57
  • #3
The path is, as far as I know, a private property, owned by the municipality, publicly dedicated, only for pedestrians and cyclists. I will see if I can secure that, but that would be my assessment.
 

hampshire

2020-05-09 10:05:16
  • #4
I would inform myself about the common practice in the neighborhood and then decide whether I want that or not. What good does it do you if you are "allowed" to do something but are in conflict with the neighbors over it? Conversely, what good does it do you if you are actually "not allowed" to do it but the practice is happily and peacefully lived differently.
 

AleXSR700

2020-05-09 11:21:01
  • #5
It does not affect any other neighbors. The two parcels it concerns are the only ones. Since it has not been concrete enough so far, I did not want to contact the municipality yet. A tolerance from the neighbors would not help much in this respect, since in the building application the driveway would then lead to the footpath. An attentive reader might then possibly reject it outright. If you only start negotiating something like that afterwards, it may become expensive or troublesome.
 

guckuck2

2020-05-09 11:49:21
  • #6


But that is not how you obtain a building permit.
 

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